United States-Singapore Free Trade Agreement Implementation Act 2003

117 STAT. 948 PUBLIC LAW 108–78—SEPT. 3, 2003
Public Law 108–78
108th Congress
An Act
To implement the United States-Singapore Free Trade Agreement.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled ,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) S HORT TITLE.—This Act may be cited as the ‘‘United States-
Singapore Free Trade Agreement Implementation Act’’.
(b) T ABLE OF CONTENTS .—The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Purposes.Sec. 3. Definitions.
TITLE I—APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, THE
AGREEMENT
Sec. 101. Approval and entry into force of the Agreement.
Sec. 102. Relationship of the agreement to United States and State law.Sec. 103. Consultation and layover provisions for, and effective date of, proclaimed
actions.
Sec. 104. Implementing actions in anticipation of entry into force and initial regula-
tions.
Sec. 105. Administration of dispute settlement proceedings.Sec. 106. Arbitration of certain claims.Sec. 107. Effective dates; effect of termination.
TITLE II—CUSTOMS PROVISIONS
Sec. 201. Tariff modifications.
Sec. 202. Rules of origin.Sec. 203. Customs user fees.Sec. 204. Disclosure of incorrect information.Sec. 205. Enforcement relating to trade in textile and apparel goods.Sec. 206. Regulations.
TITLE III—RELIEF FROM IMPORTS
Sec. 301. Definitions.
Subtitle A—Relief From Imports Benefiting From the Agreement
Sec. 311. Commencing of action for relief.
Sec. 312. Commission action on petition.Sec. 313. Provision of relief.Sec. 314. Termination of relief authority.Sec. 315. Compensation authority.Sec. 316. Confidential business information.
Subtitle B—Textile and Apparel Safeguard Measures
Sec. 321. Commencement of action for relief.
Sec. 322. Determination and provision of relief.Sec. 323. Period of relief.Sec. 324. Articles exempt from relief.Sec. 325. Rate after termination of import relief.Sec. 326. Termination of relief authority.19 USC 3805note.United States-
Singapore FreeTrade AgreementImplementationAct.Sept. 3, 2003
[H.R. 2739]
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Sec. 327. Compensation authority.
Sec. 328. Business confidential information.
Subtitle C—Cases Under Title II of the Trade Act of 1974
Sec. 331. Findings and action on goods from Singapore.
TITLE IV—TEMPORARY ENTRY OF BUSINESS PERSONS
Sec. 401. Nonimmigrant traders and investors.
Sec. 402. Nonimmigrant professionals.
SEC. 2. PURPOSES.
The purposes of this Act are—
(1) to approve and implement the Free Trade Agreement
between the United States and the Republic of Singaporeentered into under the authority of section 2103(b) of the Bipar-tisan Trade Promotion Authority Act of 2002;
(2) to strengthen and develop economic relations between
the United States and Singapore for their mutual benefit;
(3) to establish free trade between the 2 nations through
the reduction and elimination of barriers to trade in goodsand services and to investment; and
(4) to lay the foundation for further cooperation to expand
and enhance the benefits of such Agreement.
SEC. 3. DEFINITIONS.
In this Act:
(1) A GREEMENT .—The term ‘‘Agreement’’ means the United
States-Singapore Free Trade Agreement approved by Congressunder section 101(a).
(2) HTS.—The term ‘‘HTS’’ means the Harmonized Tariff
Schedule of the United States.
TITLE I—APPROVAL OF, AND GENERAL
PROVISIONS RELATING TO, THEAGREEMENT
SEC. 101. APPROVAL AND ENTRY INTO FORCE OF THE AGREEMENT.
(a) A PPROVAL OF AGREEMENT AND STATEMENT OF ADMINISTRA –
TIVE ACTION .—Pursuant to section 2105 of the Bipartisan Trade
Promotion Authority Act of 2002 (19 U.S.C. 3805) and section151 of the Trade Act of 1974 (19 U.S.C. 2191), Congress approves—
(1) the United States-Singapore Free Trade Agreement
entered into on May 6, 2003, with the Government of Singaporeand submitted to Congress on July 15, 2003; and
(2) the statement of administrative action proposed to
implement the Agreement that was submitted to Congress onJuly 15, 2003.(b) C
ONDITIONS FOR ENTRY INTO FORCE OF THE AGREEMENT .—
At such time as the President determines that Singapore has takenmeasures necessary to bring it into compliance with those provisionsof the Agreement that take effect on the date on which the Agree-ment enters into force, the President is authorized to exchangenotes with the Government of Singapore providing for the entryinto force, on or after January 1, 2004, of the Agreement for theUnited States.19 USC 3805note.19 USC 3805
note.19 USC 3805
note.
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SEC. 102. RELATIONSHIP OF THE AGREEMENT TO UNITED STATES
AND STATE LAW.
(a) R ELATIONSHIP OF AGREEMENT TO UNITED STATES LAW.—
(1) U NITED STATES LAW TO PREVAIL IN CONFLICT .—No provi-
sion of the Agreement, nor the application of any such provisionto any person or circumstance, which is inconsistent with anylaw of the United States shall have effect.
(2) C
ONSTRUCTION .—Nothing in this Act shall be
construed—
(A) to amend or modify any law of the United States,
or
(B) to limit any authority conferred under any law
of the United States,
unless specifically provided for in this Act.(b) R
ELATIONSHIP OF AGREEMENT TO STATE LAW.—
(1) L EGAL CHALLENGE .—No State law, or the application
thereof, may be declared invalid as to any person or cir-cumstance on the ground that the provision or applicationis inconsistent with the Agreement, except in an action broughtby the United States for the purpose of declaring such lawor application invalid.
(2) D
EFINITION OF STATE LAW .—For purposes of this sub-
section, the term ‘‘State law’’ includes—
(A) any law of a political subdivision of a State; and(B) any State law regulating or taxing the business
of insurance.
(c) E
FFECT OF AGREEMENT WITH RESPECT TO PRIVATE REM-
EDIES .—No person other than the United States—
(1) shall have any cause of action or defense under the
Agreement or by virtue of congressional approval thereof; or
(2) may challenge, in any action brought under any provi-
sion of law, any action or inaction by any department, agency,or other instrumentality of the United States, any State, orany political subdivision of a State on the ground that suchaction or inaction is inconsistent with the Agreement.
SEC. 103. CONSULTATION AND LAYOVER PROVISIONS FOR, AND EFFEC-
TIVE DATE OF, PROCLAIMED ACTIONS.
(a) C ONSULTATION AND LAYOVER REQUIREMENTS .—If a provision
of this Act provides that the implementation of an action by thePresident by proclamation is subject to the consultation and layoverrequirements of this section, such action may be proclaimed onlyif—
(1) the President has obtained advice regarding the pro-
posed action from—
(A) the appropriate advisory committees established
under section 135 of the Trade Act of 1974; and
(B) the United States International Trade Commission;
(2) the President has submitted a report to the Committee
on Finance of the Senate and the Committee on Ways andMeans of the House of Representatives that sets forth—
(A) the action proposed to be proclaimed and the rea-
sons therefor; and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days beginning on the first
day on which the requirements of paragraphs (1) and (2) havebeen met has expired; andReports.President.
19 USC 3805note.19 USC 3805
note.
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(4) the President has consulted with such Committees
regarding the proposed action during the period referred toin paragraph (3).(b) E
FFECTIVE DATE OF CERTAIN PROCLAIMED ACTIONS .—Any
action proclaimed by the President under the authority of thisAct that is not subject to the consultation and layover provisionsunder subsection (a) may not take effect before the 15th day afterthe date on which the text of the proclamation is published inthe Federal Register.
SEC. 104. IMPLEMENTING ACTIONS IN ANTICIPATION OF ENTRY INTO
FORCE AND INITIAL REGULATIONS.
(a) I MPLEMENTING ACTIONS .—
(1) P ROCLAMATION AUTHORITY .—After the date of enact-
ment of this Act—
(A) the President may proclaim such actions, and(B) other appropriate officers of the United States
Government may issue such regulations—
as may be necessary to ensure that any provision of this Act,
or amendment made by this Act, that takes effect on thedate the Agreement enters into force is appropriately imple-mented on such date, but no such proclamation or regulationmay have an effective date earlier than the date of entryinto force.
(2) W
AIVER OF 15 -DAY RESTRICTION .—The 15-day restriction
in section 103(b) on the taking effect of proclaimed actionsis waived to the extent that the application of such restrictionwould prevent the taking effect on the date the Agreemententers into force of any action proclaimed under this section.(b) I
NITIAL REGULATIONS .—Initial regulations necessary or
appropriate to carry out the actions required by or authorizedunder this Act or proposed in the statement of administrativeaction submitted under section 101(a)(2) to implement the Agree-ment shall, to the maximum extent feasible, be issued within 1year after the date of entry into force of the Agreement. In thecase of any implementing action that takes effect on a date afterthe date of entry into force of the Agreement, initial regulationsto carry out that action shall, to the maximum extent feasible,be issued within 1 year after such effective date.
SEC. 105. ADMINISTRATION OF DISPUTE SETTLEMENT PROCEEDINGS.
(a) E STABLISHMENT OR DESIGNATION OF OFFICE .—The President
is authorized to establish or designate within the Department ofCommerce an office that shall be responsible for providing adminis-trative assistance to panels established under chapter 20 of theAgreement. Such office may not be considered to be an agencyfor purposes of section 552 of title 5, United States Code.
(b) A
UTHORIZATION OF APPROPRIATIONS .—There are authorized
to be appropriated for each fiscal year after fiscal year 2003 tothe Department of Commerce such sums as may be necessaryfor the establishment and operations of the office under subsection(a) and for the payment of the United States share of the expensesof panels established under chapter 20 of the Agreement.
SEC. 106. ARBITRATION OF CERTAIN CLAIMS.
(a) S UBMISSION OF CERTAIN CLAIMS .—The United States is
authorized to resolve any claim against the United States coveredby article 15.15.1(a)(i)(C) or article 15.15.1(b)(i)(C) of the Agreement,19 USC 3805note.President.19 USC 3805
note.Deadlines.19 USC 3805
note.Federal Register,
publication.
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pursuant to the Investor-State Dispute Settlement procedures set
forth in section C of chapter 15 of the Agreement.
(b) C ONTRACT CLAUSES .—All contracts executed by any agency
of the United States on or after the date of entry into force ofthe Agreement shall contain a clause specifying the law that willapply to resolve any breach of contract claim.
SEC. 107. EFFECTIVE DATES; EFFECT OF TERMINATION.
(a) E FFECTIVE DATES .—Except as provided in subsection (b),
the provisions of this Act and the amendments made by this Acttake effect on the date the Agreement enters into force.
(b) E
XCEPTIONS .—
(1) Sections 1 through 3 and this title take effect on the
date of enactment of this Act.
(2) Section 205 takes effect on the date on which the
textile and apparel provisions of the Agreement take effectpursuant to article 5.10 of the Agreement.(c) T
ERMINATION OF THE AGREEMENT .—On the date on which
the Agreement ceases to be in force, the provisions of this Act(other than this subsection) and the amendments made by thisAct shall cease to be effective.
TITLE II—CUSTOMS PROVISIONS
SEC. 201. TARIFF MODIFICATIONS.
(a) T ARIFF MODIFICATIONS PROVIDED FOR IN THE AGREEMENT .—
The President may proclaim—
(1) such modifications or continuation of any duty,(2) such continuation of duty-free or excise treatment, or(3) such additional duties—
as the President determines to be necessary or appropriate tocarry out or apply articles 2.2, 2.5, 2.6, and 2.12 and Annex 2Bof the Agreement.
(b) O
THER TARIFF MODIFICATIONS .—Subject to the consultation
and layover provisions of section 103(a), the President mayproclaim—
(1) such modifications or continuation of any duty,(2) such modifications as the United States may agree
to with Singapore regarding the staging of any duty treatmentset forth in Annex 2B of the Agreement,
(3) such continuation of duty-free or excise treatment, or(4) such additional duties—
as the President determines to be necessary or appropriate tomaintain the general level of reciprocal and mutually advantageousconcessions with respect to Singapore provided for by the Agree-ment.
(c) C
ONVERSION TO ADVALOREM RATES .—For purposes of sub-
sections (a) and (b), with respect to any good for which the baserate in the Schedule of the United States set forth in Annex 2Bof the Agreement is a specific or compound rate of duty, the Presi-dent may substitute for the base rate an ad valorem rate thatthe President determines to be equivalent to the base rate.
SEC. 202. RULES OF ORIGIN.
(a) O RIGINATING GOODS .—For purposes of this Act and for
purposes of implementing the tariff treatment provided for under19 USC 3805note.19 USC 3805
note.19 USC 3805
note.
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the Agreement, except as otherwise provided in this section, a
good is an originating good if—
(1) the good is wholly obtained or produced entirely in
the territory of Singapore, the United States, or both;
(2) each nonoriginating material used in the production
of the good—
(A) undergoes an applicable change in tariff classifica-
tion set out in Annex 3A of the Agreement as a resultof production occurring entirely in the territory of Singa-pore, the United States, or both; or
(B) if no change in tariff classification is required,
the good otherwise satisfies the applicable requirementsof such Annex; or(3) the good itself, as imported, is listed in Annex 3B
of the Agreement and is imported into the territory of theUnited States from the territory of Singapore.(b) D
EMINIMIS AMOUNTS OF NONORIGINATING MATERIALS .—
(1) I N GENERAL .—Except as provided for in paragraphs
(2) and (3), a good shall be considered to be an originatinggood if—
(A) the value of all nonoriginating materials used in
the production of the good that do not undergo the requiredchange in tariff classification under Annex 3A of the Agree-ment does not exceed 10 percent of the adjusted valueof the good;
(B) if the good is subject to a regional value-content
requirement, the value of such nonoriginating materialsis taken into account in calculating the regional value-content of the good; and
(C) the good satisfies all other applicable requirements
of this section.(2) E
XCEPTIONS .—Paragraph (1) does not apply to the fol-
lowing:
(A) A nonoriginating material provided for in chapter
4 of the HTS or in subheading 1901.90 of the HTS thatis used in the production of a good provided for in chapter4 of the HTS.
(B) A nonoriginating material provided for in chapter
4 of the HTS or in subheading 1901.90 of the HTS thatis used in the production of a good provided for in heading2105 or in any of subheadings 1901.10, 1901.20, 1901.90,2106.90, 2202.90, and 2309.90 of the HTS.
(C) A nonoriginating material provided for in heading
0805, or any of subheadings 2009.11.00 through 2009.39,of the HTS, that is used in the production of a good pro-vided for in any of subheadings 2009.11.00 through 2009.39or in subheading 2106.90 or 2202.90 of the HTS.
(D) A nonoriginating material provided for in chapter
15 of the HTS that is used in the production of a goodprovided for in any of headings 1501.00.00 through 1508,1512, 1514, and 1515 of the HTS.
(E) A nonoriginating material provided for in heading
1701 of the HTS that is used in the production of a goodprovided for in any of headings 1701 through 1703 ofthe HTS.
(F) A nonoriginating material provided for in chapter
17 of the HTS or heading 1805.00.00 of the HTS that
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is used in the production of a good provided for in sub-
heading 1806.10 of the HTS.
(G) A nonoriginating material provided for in any of
headings 2203 through 2208 of the HTS that is used inthe production of a good provided for in heading 2207or 2208 of the HTS.
(H) A nonoriginating material used in the production
of a good provided for in any of chapters 1 through 21of the HTS, unless the nonoriginating material is providedfor in a different subheading than the good for whichorigin is being determined under this section.(3) G
OODS PROVIDED FOR IN CHAPTERS 50 THROUGH 63 OF
THE HTS .—
(A) I N GENERAL .—Except as provided in subparagraph
(B), a good provided for in any of chapters 50 through63 of the HTS that is not an originating good becausecertain fibers or yarns used in the production of the compo-nent of the good that determines the tariff classificationof the good do not undergo an applicable change in tariffclassification set out in Annex 3A of the Agreement shallbe considered to be an originating good if the total weightof all such fibers or yarns in that component is not morethan 7 percent of the total weight of that component.
(B) C
ERTAIN TEXTILE OR APPAREL GOODS .—
(i) T REATMENT AS ORIGINATING GOOD .—A textile
or apparel good containing elastomeric yarns in thecomponent of the good that determines the tariff classi-fication of the good shall be considered to be an origi-nating good only if such yarns are wholly formed inthe territory of Singapore or the United States.
(ii) D
EFINITION OF TEXTILE OR APPAREL GOOD .—
For purposes of this subparagraph, the term ‘‘textileor apparel good’’ means a product listed in the Annexto the Agreement on Textiles and Clothing referredto in section 101(d)(4) of the Uruguay Round Agree-ments Act (19 U.S.C. 3511(d)(4)).
(c) A
CCUMULATION .—
(1) O RIGINATING GOODS INCORPORATED IN GOODS OF OTHER
COUNTRY .—Originating materials from the territory of either
Singapore or the United States that are used in the productionof a good in the territory of the other country shall be consideredto originate in the territory of the other country.
(2) M
ULTIPLE PROCEDURES .—A good that is produced in
the territory of Singapore, the United States, or both, by 1or more producers is an originating good if the good satisfiesthe requirements of subsection (a) and all other applicable
requirements of this section.(d) R
EGIONAL VALUE -CONTENT .—
(1) I N GENERAL .—For purposes of subsection (a)(2), the
regional value-content of a good referred to in Annex 3A ofthe Agreement shall be calculated, at the choice of the personclaiming preferential tariff treatment for the good, on the basisof the build-down method described in paragraph (2) or thebuild-up method described in paragraph (3), unless otherwiseprovided in Annex 3A of the Agreement.
(2) B
UILD -DOWN METHOD .—
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(A) I N GENERAL .—The regional value-content of a good
may be calculated on the basis of the following build-down method:
AV–VNM
RVC= ———— × 100
AV
(B) D EFINITIONS .—For purposes of subparagraph (A):
(i) The term ‘‘RVC’’ means the regional value-con-
tent, expressed as a percentage.
(ii) The term ‘‘AV’’ means the adjusted value.(iii) The term ‘‘VNM’’ means the value of nonorigi-
nating materials that are acquired and used by theproducer in the production of the good.
(3) B
UILD -UP METHOD .—
(A) I N GENERAL .—The regional value-content of a good
may be calculated on the basis of the following build-up method:
VOM
RVC= ———— × 100
AV
(B) D EFINITIONS .—For purposes of subparagraph (A):
(i) The term ‘‘RVC’’ means the regional value-con-
tent, expressed as a percentage.
(ii) The term ‘‘AV’’ means the adjusted value.(iii) The term ‘‘VOM’’ means the value of origi-
nating materials that are acquired or self-producedand are used by the producer in the production ofthe good.
(e) V
ALUE OF MATERIALS .—
(1) I N GENERAL .—For purposes of calculating the regional
value-content of a good under subsection (d), and for purposesof applying the de minimis rules under subsection (b), thevalue of a material is—
(A) in the case of a material imported by the producer
of the good, the adjusted value of the material;
(B) in the case of a material acquired in the territory
in which the good is produced, except for a material towhich subparagraph (C) applies, the adjusted value of thematerial; or
(C) in the case of a material that is self-produced,
or in a case in which the relationship between the producerof the good and the seller of the material influenced theprice actually paid or payable for the material, includinga material obtained without charge, the sum of—
(i) all expenses incurred in the production of the
material, including general expenses; and
(ii) an amount for profit.
(2) F
URTHER ADJUSTMENTS TO THE VALUE OF MATERIALS .—
(A) O RIGINATING MATERIALS .—The following expenses,
if not included in the value of an originating materialcalculated under paragraph (1), may be added to the valueof the originating material:
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(i) The costs of freight, insurance, packing, and
all other costs incurred in transporting the materialto the location of the producer.
(ii) Duties, taxes, and customs brokerage fees on
the material paid in the territory of Singapore, theUnited States, or both, other than duties and taxesthat are waived, refunded, refundable, or otherwiserecoverable, including credit against duty or tax paidor payable.
(iii) The cost of waste and spoilage resulting from
the use of the material in the production of the good,less the value of renewable scrap or by-product.(B) N
ONORIGINATING MATERIALS .—The following
expenses, if included in the value of a nonoriginating mate-rial calculated under paragraph (1), may be deducted fromthe value of the nonoriginating material:
(i) The costs of freight, insurance, packing, and
all other costs incurred in transporting the materialto the location of the producer.
(ii) Duties, taxes, and customs brokerage fees on
the material paid in the territory of Singapore, theUnited States, or both, other than duties and taxesthat are waived, refunded, refundable, or otherwiserecoverable, including credit against duty or tax paidor payable.
(iii) The cost of waste and spoilage resulting from
the use of the material in the production of the good,less the value of renewable scrap or by-product.
(iv) The cost of processing incurred in the territory
of Singapore or the United States in the productionof the nonoriginating material.
(v) The cost of originating materials used in the
production of the nonoriginating material in the terri-tory of Singapore or the United States.
(f) A
CCESSORIES , SPARE PARTS , ORTOOLS .—
(1) I N GENERAL .—Subject to paragraph (2), accessories,
spare parts, or tools delivered with the good that form partof the good’s standard accessories, spare parts, or tools shall—
(A) be treated as originating goods if the good is an
originating good; and
(B) be disregarded in determining whether all the non-
originating materials used in the production of the goodundergo an applicable change in tariff classification setout in Annex 3A of the Agreement.(2) C
ONDITIONS .—Paragraph (1) shall apply only if—
(A) the accessories, spare parts, or tools are not
invoiced separately from the good;
(B) the quantities and value of the accessories, spare
parts, or tools are customary for the good; and
(C) if the good is subject to a regional value-content
requirement, the value of the accessories, spare parts, ortools is taken into account as originating or nonoriginatingmaterials, as the case may be, in calculating the regionalvalue-content of the good.
(g) F
UNGIBLE GOODS AND MATERIALS .—
(1) I N GENERAL .—Applicability.
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(A) C LAIM FOR PREFERENTIAL TREATMENT .—A person
claiming preferential tariff treatment for a good may claimthat a fungible good or material is originating either basedon the physical segregation of each fungible good or mate-rial or by using an inventory management method.
(B) I
NVENTORY MANAGEMENT METHOD .—In this sub-
section, the term ‘‘inventory management method’’ means—
(i) averaging;(ii) ‘‘last-in, first-out’’;(iii) ‘‘first-in, first-out’’; or(iv) any other method—
(I) recognized in the generally accepted
accounting principles of the country in which theproduction is performed (whether Singapore or theUnited States); or
(II) otherwise accepted by that country.
(2) E
LECTION OF INVENTORY METHOD .—A person selecting
an inventory management method under paragraph (1) forparticular fungible goods or materials shall continue to usethat method for those fungible goods or materials throughoutthe fiscal year of that person.(h) P
ACKAGING MATERIALS AND CONTAINERS FOR RETAIL SALE.—
Packaging materials and containers in which a good is packagedfor retail sale, if classified with the good, shall be disregardedin determining whether all the nonoriginating materials used inthe production of the good undergo the applicable change in tariffclassification set out in Annex 3A of the Agreement and, if thegood is subject to a regional value-content requirement, the valueof such packaging materials and containers shall be taken intoaccount as originating or nonoriginating materials, as the casemay be, in calculating the regional value-content of the good.
(i) P
ACKING MATERIALS AND CONTAINERS FOR SHIPMENT .—
Packing materials and containers in which a good is packed forshipment shall be disregarded in determining whether—
(1) the nonoriginating materials used in the production
of a good undergo an applicable change in tariff classificationset out in Annex 3A of the Agreement; and
(2) the good satisfies a regional value-content requirement.
(j) I
NDIRECT MATERIALS .—An indirect material shall be consid-
ered to be an originating material without regard to where itis produced, and its value shall be the cost registered in theaccounting records of the producer of the good.
(k) T
HIRD COUNTRY OPERATIONS .—A good shall not be consid-
ered to be an originating good by reason of having undergoneproduction that satisfies the requirements of subsection (a) if, subse-quent to that production, the good undergoes further productionor any other operation outside the territories of Singapore andthe United States, other than unloading, reloading, or any otheroperation necessary to preserve it in good condition or to transportthe good to the territory of Singapore or the United States.
(l) S
PECIAL RULE FOR APPAREL GOODS LISTED IN CHAPTER
61 OR62 OF THE HTS.—
(1) I N GENERAL .—An apparel good listed in chapter 61
or 62 of the HTS shall be considered to be an originatinggood if it is both cut (or knit to shape) and sewn or otherwiseassembled in the territory of Singapore, the United States,or both, from fabric or yarn, regardless of origin, designated
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in the manner described in paragraph (2) as fabric or yarn
not available in commercial quantities in a timely mannerin the United States.
(2) D
ESIGNATION OF CERTAIN FABRIC AND YARN .—The des-
ignation referred to in paragraph (1) means a designation madein a notice published in the Federal Register on or beforeNovember 15, 2002, identifying apparel goods made from fabricor yarn eligible for entry into the United States under sub-heading 9819.11.24 or 9820.11.27 of the HTS. For purposesof this subsection, a reference in the notice to fabric or yarnformed in the United States is deemed to include fabric oryarn formed in Singapore.(m) A
PPLICATION AND INTERPRETATION .—In this section:
(1) The basis for any tariff classification is the HTS.(2) Any cost or value referred to in this section shall be
recorded and maintained in accordance with the generallyaccepted accounting principles applicable in the territory ofthe country in which the good is produced (whether Singaporeor the United States).(n) D
EFINITIONS .—In this section:
(1) A DJUSTED VALUE .—The term ‘‘adjusted value’’ means
the value of a good determined under articles 1 through 8,article 15, and the corresponding interpretative notes of theAgreement on Implementation of Article VII of the GeneralAgreement on Tariffs and Trade 1994 referred to in section101(d)(8) of the Uruguay Round Agreements Act, except thatsuch value may be adjusted to exclude any costs, charges,or expenses incurred for transportation, insurance, and relatedservices incident to the international shipment of the goodfrom the country of exportation to the place of importation.
(2) F
UNGIBLE GOODS AND FUNGIBLE MATERIALS .—The terms
‘‘fungible goods’’ and ‘‘fungible materials’’ mean goods or mate-rials, as the case may be, that are interchangeable for commer-cial purposes and the properties of which are essentially iden-tical.
(3) G
ENERALLY ACCEPTED ACCOUNTING PRINCIPLES .—The
term ‘‘generally accepted accounting principles’’ means the rec-ognized consensus or substantial authoritative support in theterritory of Singapore or the United States, as the case may
be, with respect to the recording of revenues, expenses, costs,and assets and liabilities, the disclosure of information, andthe preparation of financial statements. The standards mayencompass broad guidelines of general application as well asdetailed standards, practices, and procedures.
(4) G
OODS WHOLLY OBTAINED OR PRODUCED ENTIRELY IN
THE TERRITORY OF SINGAPORE , THE UNITED STATES , OR BOTH .—
The term ‘‘goods wholly obtained or produced entirely in theterritory of Singapore, the United States, or both’’ means—
(A) mineral goods extracted in the territory of Singa-
pore, the United States, or both;
(B) vegetable goods, as such goods are defined in the
Harmonized System, harvested in the territory of Singa-pore, the United States, or both;
(C) live animals born and raised in the territory of
Singapore, the United States, or both;Records.
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(D) goods obtained from hunting, trapping, fishing,
or aquaculture conducted in the territory of Singapore,the United States, or both;
(E) goods (fish, shellfish, and other marine life) taken
from the sea by vessels registered or recorded with Singa-pore or the United States and flying the flag of thatcountry;
(F) goods produced exclusively from products referred
to in subparagraph (E) on board factory ships registeredor recorded with Singapore or the United States and flyingthe flag of that country;
(G) goods taken by Singapore or the United States,
or a person of Singapore or the United States, from theseabed or beneath the seabed outside territorial waters,if Singapore or the United States has rights to exploitsuch seabed;
(H) goods taken from outer space, if the goods are
obtained by Singapore or the United States or a personof Singapore or the United States and not processed inthe territory of a country other than Singapore or theUnited States;
(I) waste and scrap derived from—
(i) production in the territory of Singapore, the
United States, or both; or
(ii) used goods collected in the territory of Singa-
pore, the United States, or both, if such goods arefit only for the recovery of raw materials;(J) recovered goods derived in the territory of Singa-
pore, the United States, or both, from used goods; or
(K) goods produced in the territory of Singapore, the
United States, or both, exclusively—
(i) from goods referred to in any of subparagraphs
(A) through (I); or
(ii) from the derivatives of goods referred to in
clause (i).
(5) H
ARMONIZED SYSTEM .—The term ‘‘Harmonized System’’
means the Harmonized Commodity Description and CodingSystem.
(6) I
NDIRECT MATERIAL .—The term ‘‘indirect material’’
means a good used in the production, testing, or inspectionof a good but not physically incorporated into the good, ora good used in the maintenance of buildings or the operationof equipment associated with the production of a good,including—
(A) fuel and energy;(B) tools, dies, and molds;
(C) spare parts and materials used in the maintenance
of equipment or buildings;
(D) lubricants, greases, compounding materials, and
other materials used in production or used to operate equip-ment or buildings;
(E) gloves, glasses, footwear, clothing, safety equip-
ment, and supplies;
(F) equipment, devices, and supplies used for testing
or inspecting the good;
(G) catalysts and solvents; and
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(H) any other goods that are not incorporated into
the good but the use of which in the production of thegood can reasonably be demonstrated to be a part of thatproduction.(7) M
ATERIAL .—The term ‘‘material’’ means a good that
is used in the production of another good.
(8) M ATERIAL THAT IS SELF -PRODUCED .—The term ‘‘material
that is self-produced’’ means a material, such as a part oringredient, produced by a producer of a good and used bythe producer in the production of another good.
(9) N
ONORIGINATING MATERIAL .—The term ‘‘nonoriginating
material’’ means a material that does not qualify as an origi-nating good under the rules set out in this section.
(10) P
REFERENTIAL TARIFF TREATMENT .—The term ‘‘pref-
erential tariff treatment’’ means the customs duty rate thatis applicable to an originating good pursuant to chapter 2of the Agreement.
(11) P
RODUCER .—The term ‘‘producer’’ means a person who
grows, raises, mines, harvests, fishes, traps, hunts, manufac-tures, processes, assembles, or disassembles a good.
(12) P
RODUCTION .—The term ‘‘production’’ means growing,
mining, harvesting, fishing, raising, trapping, hunting, manu-facturing, processing, assembling, or disassembling a good.
(13) R
ECOVERED GOODS .—
(A) I N GENERAL .—The term ‘‘recovered goods’’ means
materials in the form of individual parts that are theresult of—
(i) the complete disassembly of used goods into
individual parts; and
(ii) the cleaning, inspecting, testing, or other proc-
essing of those parts as necessary for improvementto sound working condition by one or more of theprocesses described in subparagraph (B), in order forsuch parts to be assembled with other parts, includingother parts that have undergone the processesdescribed in this paragraph, in the production of aremanufactured good described in Annex 3C of theAgreement.(B) P
ROCESSES .—The processes referred to in subpara-
graph (A)(ii) are welding, flame spraying, surfacemachining, knurling, plating, sleeving, and rewinding.(14) R
EMANUFACTURED GOOD .—The term ‘‘remanufactured
good’’ means an industrial good assembled in the territoryof Singapore or the United States, that is listed in Annex3C of the Agreement, and—
(A) is entirely or partially comprised of recovered goods;(B) has the same life expectancy and meets the same
performance standards as a new good; and
(C) enjoys the same factory warranty as such a new
good.(15) T
ERRITORY .—The term ‘‘territory’’ has the meaning
given that term in Annex 1A of the Agreement.
(16) U SED.—The term ‘‘used’’ means used or consumed
in the production of goods.(o) P
RESIDENTIAL PROCLAMATION AUTHORITY .—
(1) I N GENERAL .—The President is authorized to proclaim,
as part of the HTS—
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(A) the provisions set out in Annexes 3A, 3B, and
3C of the Agreement; and
(B) any additional subordinate category necessary to
carry out this title consistent with the Agreement.(2) M
ODIFICATIONS .—
(A) I N GENERAL .—Subject to the consultation and lay-
over provisions of section 103(a), the President may pro-claim modifications to the provisions proclaimed under theauthority of paragraph (1)(A), other than—
(i) the provisions of Annex 3B of the Agreement;
and
(ii) provisions of chapters 50 through 63 of the
HTS, as included in Annex 3A of the Agreement.(B) A
DDITIONAL PROCLAMATIONS .—Notwithstanding
subparagraph (A), and subject to the consultation and lay-over provisions of section 103(a), the President mayproclaim—
(i) modifications to the provisions proclaimed under
the authority of paragraph (1)(A) that are necessaryto implement an agreement with Singapore pursuantto article 3.18.4(c) of the Agreement; and
(ii) before the 1st anniversary of the date of enact-
ment of this Act, modifications to correct any typo-graphical, clerical, or other nonsubstantive technicalerror regarding the provisions of chapters 50 through63 of the HTS, as included in Annex 3A of the Agree-ment.
SEC. 203. CUSTOMS USER FEES.
Section 13031(b) of the Consolidated Omnibus Budget Reconcili-
ation Act of 1985 (19 U.S.C. 58c(b)) is amended by inserting afterparagraph (12) the following:
‘‘(13) No fee may be charged under subsection (a) (9) or
(10) with respect to goods that qualify as originating goodsunder section 202 of the United States-Singapore Free TradeAgreement Implementation Act. Any service for which anexemption from such fee is provided by reason of this paragraphmay not be funded with money contained in the Customs UserFee Account.’’.
SEC. 204. DISCLOSURE OF INCORRECT INFORMATION.
Section 592(c) of the Tariff Act of 1930 (19 U.S.C. 1592(c))
is amended—
(1) by redesignating paragraph (7) as paragraph (8); and(2) by inserting after paragraph (6) the following new para-
graph:
‘‘(7) P
RIOR DISCLOSURE REGARDING CLAIMS UNDER THE
UNITED STATES -SINGAPORE FREE TRADE AGREEMENT .—
‘‘(A) An importer shall not be subject to penalties under
subsection (a) for making an incorrect claim that a goodqualifies as an originating good under section 202 of theUnited States-Singapore Free Trade AgreementImplementation Act if the importer, in accordance withregulations issued by the Secretary of the Treasury, volun-tarily and promptly makes a corrected declaration andpays any duties owing.
‘‘(B) In the regulations referred to in subparagraph
(A), the Secretary of the Treasury is authorized to prescribeRegulations.19 USC 3805
note.19 USC 3805
note.
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time periods for making a corrected declaration and paying
duties owing under subparagraph (A), if such periods arenot shorter than 1 year following the date on which theimporter makes the incorrect claim that a good qualifiesas an originating good.’’.
SEC. 205. ENFORCEMENT RELATING TO TRADE IN TEXTILE AND
APPAREL GOODS.
(a) D ENIAL OF PERMISSION TOCONDUCT SITEVISITS .—
(1) I N GENERAL .—Subject to paragraph (2), if the Secretary
of the Treasury proposes to conduct a site visit at an enterpriseregistered under article 5.3 of the Agreement, and responsibleofficials of the enterprise do not consent to the proposed visit,the President may exclude from the customs territory of theUnited States textile and apparel goods produced or exportedby that enterprise.
(2) T
ERMINATION OF EXCLUSION .—An exclusion of textile
and apparel goods produced or exported by an enterprise underparagraph (1) shall terminate when the President determinesthat the enterprise’s production of, and capability to produce,the goods are consistent with statements by the enterprisethat textile or apparel goods the enterprise produces or hasproduced are originating goods or products of Singapore, asthe case may be.(b) K
NOWING OR WILLFUL CIRCUMVENTION .—
(1) I N GENERAL .—If the President finds that an enterprise
of Singapore has knowingly or willfully engaged in circumven-tion, the President may exclude from the customs territoryof the United States textile and apparel goods produced orexported by the enterprise. An exclusion under this paragraphmay be imposed on the date beginning on the date a findingof knowing or willful circumvention is made and shall be ineffect for a period not longer than the applicable perioddescribed in paragraph (2).
(2) T
IME PERIODS .—
(A) F IRST FINDING .—With respect to a first finding
under paragraph (1), the applicable period is 6 months.
(B) S ECOND FINDING .—With respect to a second finding
under paragraph (1), the applicable period is 2 years.
(C) T HIRD AND SUBSEQUENT FINDING .—With respect
to a third or subsequent finding under paragraph (1), theapplicable period is 2 years. If, at the time of a thirdor subsequent finding, an exclusion is in effect as a resultof a previous finding, the 2-year period applicable to thethird or subsequent finding shall begin on the day afterthe day on which the previous exclusion terminates.
(c) C
ERTAIN OTHER INSTANCES OF CIRCUMVENTION .—If the
President consults with Singapore pursuant to article 5.8 of theAgreement, the consultations fail to result in a mutually satisfactorysolution to the matters at issue, and the President presents toSingapore clear evidence of circumvention under the Agreement,the President may—
(1) deny preferential tariff treatment to the goods involved
in the circumvention; and
(2) deny preferential tariff treatment, for a period not to
exceed 4 years from the date on which consultations pursuantto article 5.8 of the Agreement conclude, to—19 USC 3805note.
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(A) textile and apparel goods produced by the enter-
prise found to have engaged in the circumvention, includingany successor of such enterprise; and
(B) textile and apparel goods produced by any other
entity owned or operated by a principal of the enterprise,if the principal also is a principal of the other entity.
(d) D
EFINITIONS .—In this section:
(1) G ENERAL DEFINITIONS .—The terms ‘‘circumvention’’,
‘‘preferential tariff treatment’’, ‘‘principal’’, and ‘‘textile andapparel goods’’ have the meanings given such terms in chapter5 of the Agreement.
(2) E
NTERPRISE .—The term ‘‘enterprise’’ has the meaning
given that term in article 1.2.3 of the Agreement.
SEC. 206. REGULATIONS.
The Secretary of the Treasury shall prescribe such regulations
as may be necessary to carry out—
(1) subsections (a) through (n) of section 202, and section
203;
(2) amendments made by the sections referred to in para-
graph (1); and
(3) proclamations issued under section 202(o).
TITLE III—RELIEF FROM IMPORTS
SEC. 301. DEFINITIONS.
In this title:
(1) C OMMISSION .—The term ‘‘Commission’’ means the
United States International Trade Commission.
(2) S INGAPOREAN ARTICLE .—The term ‘‘Singaporean article’’
means an article that qualifies as an originating good undersection 202(a) of this Act.
(3) S
INGAPOREAN TEXTILE OR APPAREL ARTICLE .—The term
‘‘Singaporean textile or apparel article’’ means an article—
(A) that is listed in the Annex to the Agreement on
Textiles and Clothing referred to in section 101(d)(4) ofthe Uruguay Round Agreements Act (19 U.S.C. 3511(d)(4));and
(B) that is a Singaporean article.
Subtitle A—Relief From Imports Benefiting
From the Agreement
SEC. 311. COMMENCING OF ACTION FOR RELIEF.
(a) F ILING OF PETITION .—
(1) I N GENERAL .—A petition requesting action under this
subtitle for the purpose of adjusting to the obligations of theUnited States under the Agreement may be filed with theCommission by an entity, including a trade association, firm,certified or recognized union, or group of workers, that is rep-resentative of an industry. The Commission shall transmita copy of any petition filed under this subsection to the UnitedStates Trade Representative.
(2) P
ROVISIONAL RELIEF .—An entity filing a petition under
this subsection may request that provisional relief be providedRecords.19 USC 3805
note.19 USC 3805
note.19 USC 3805
note.
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as if the petition had been filed under section 202(a) of the
Trade Act of 1974 (19 U.S.C. 2252(a)).
(3) C RITICAL CIRCUMSTANCES .—Any allegation that critical
circumstances exist shall be included in the petition.(b) I
NVESTIGATION AND DETERMINATION .—Upon the filing of
a petition under subsection (a), the Commission, unless subsection(d) applies, shall promptly initiate an investigation to determinewhether, as a result of the reduction or elimination of a dutyprovided for under the Agreement, a Singaporean article is beingimported into the United States in such increased quantities, inabsolute terms or relative to domestic production, and under suchconditions that imports of the Singaporean article constitute asubstantial cause of serious injury or threat thereof to the domesticindustry producing an article that is like, or directly competitivewith, the imported article.
(c) A
PPLICABLE PROVISIONS .—The following provisions of section
202 of the Trade Act of 1974 (19 U.S.C. 2252) apply with respectto any investigation initiated under subsection (b):
(1) Paragraphs (1)(B) and (3) of subsection (b).(2) Subsection (c).(3) Subsection (d).(4) Subsection (i).
(d) A
RTICLES EXEMPT FROM INVESTIGATION .—No investigation
may be initiated under this section with respect to any Singaporeanarticle if, after the date that the Agreement enters into force,import relief has been provided with respect to that Singaporeanarticle under—
(1) this subtitle;(2) subtitle B;(3) chapter 1 of title II of the Trade Act of 1974;(4) article 6 of the Agreement on Textiles and Clothing
referred to in section 101(d)(4) of the Uruguay Round Agree-ments Act (19 U.S.C. 3511(d)(4)); or
(5) article 5 of the Agreement on Agriculture referred to
in section 101(d)(2) of the Uruguay Round Agreements Act(19 U.S.C. 3511(d)(2)).
SEC. 312. COMMISSION ACTION ON PETITION.
(a) D ETERMINATION .—Not later than 120 days (180 days if
critical circumstances have been alleged) after the date on whichan investigation is initiated under section 311(b) with respect toa petition, the Commission shall make the determination requiredunder that section.
(b) A
PPLICABLE PROVISIONS .—For purposes of this subtitle, the
provisions of paragraphs (1), (2), and (3) of section 330(d) of theTariff Act of 1930 (19 U.S.C. 1330(d) (1), (2), and (3)) shall beapplied with respect to determinations and findings made underthis section as if such determinations and findings were madeunder section 202 of the Trade Act of 1974 (19 U.S.C. 2252).
(c) A
DDITIONAL FINDING AND RECOMMENDATION IF DETERMINA –
TION AFFIRMATIVE .—If the determination made by the Commission
under subsection (a) with respect to imports of an article is affirma-tive, or if the President may consider a determination of theCommission to be an affirmative determination as provided forunder paragraph (1) of section 330(d) of the Tariff Act of 1930(19 U.S.C. 1330(d)), the Commission shall find, and recommendto the President in the report required under subsection (d), theDeadline.19 USC 3805
note.
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amount of import relief that is necessary to remedy or prevent
the injury found by the Commission in the determination andto facilitate the efforts of the domestic industry to make a positiveadjustment to import competition. The import relief recommendedby the Commission under this subsection shall be limited to therelief described in section 313(c). Only those members of theCommission who voted in the affirmative under subsection (a) areeligible to vote on the proposed action to remedy or prevent theinjury found by the Commission. Members of the Commission whodid not vote in the affirmative may submit, in the report requiredunder subsection (d), separate views regarding what action, if any,should be taken to remedy or prevent the injury.
(d) R
EPORT TO PRESIDENT .—Not later than the date that is
30 days after the date on which a determination is made undersubsection (a) with respect to an investigation, the Commissionshall submit to the President a report that includes—
(1) the determination made under subsection (a) and an
explanation of the basis for the determination;
(2) if the determination under subsection (a) is affirmative,
any findings and recommendations for import relief made undersubsection (c) and an explanation of the basis for each rec-ommendation; and
(3) any dissenting or separate views by members of the
Commission regarding the determination and recommendationreferred to in paragraphs (1) and (2).(e) P
UBLIC NOTICE .—Upon submitting a report to the President
under subsection (d), the Commission shall promptly make publicsuch report (with the exception of information which the Commis-sion determines to be confidential) and shall cause a summarythereof to be published in the Federal Register.
SEC. 313. PROVISION OF RELIEF.
(a) I NGENERAL .—Not later than the date that is 30 days
after the date on which the President receives the report of theCommission in which the Commission’s determination under section312(a) is affirmative, or which contains a determination undersection 312(a) that the President considers to be affirmative underparagraph (1) of section 330(d) of the Tariff Act of 1930 (19 U.S.C.1330(d)(1)), the President, subject to subsection (b), shall providerelief from imports of the article that is the subject of such deter-mination to the extent that the President determines necessaryto remedy or prevent the injury found by the Commission andto facilitate the efforts of the domestic industry to make a positiveadjustment to import competition.
(b) E
XCEPTION .—The President is not required to provide import
relief under this section if the President determines that the provi-sion of the import relief will not provide greater economic andsocial benefits than costs.
(c) N
ATURE OF RELIEF .—
(1) I N GENERAL .—The import relief (including provisional
relief) that the President is authorized to provide under thissection with respect to imports of an article is as follows:
(A) The suspension of any further reduction provided
for under Annex 2B of the Agreement in the duty imposedon such article.
(B) An increase in the rate of duty imposed on such
article to a level that does not exceed the lesser of—Deadline.President.19 USC 3805
note.Federal Register,
publication.Deadline.
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(i) the column 1 general rate of duty imposed under
the HTS on like articles at the time the import reliefis provided; or
(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before thedate on which the Agreement enters into force.(C) In the case of a duty applied on a seasonal basis
to such article, an increase in the rate of duty imposedon the article to a level that does not exceed the lesserof—
(i) the column 1 general rate of duty imposed under
the HTS on like articles for the immediately precedingcorresponding season; or
(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before thedate on which the Agreement enters into force.
(2) P
ROGRESSIVE LIBERALIZATION .—If the period for which
import relief is provided under this section is greater than1 year, the President shall provide for the progressive liberaliza-tion (described in article 7.28 of the Agreement) of such reliefat regular intervals during the period of its application.(d) P
ERIOD OF RELIEF .—
(1) I N GENERAL .—Subject to paragraph (2), the import relief
that the President is authorized to provide under this sectionmay not exceed 2 years.
(2) E
XTENSION .—
(A) I N GENERAL .—Subject to subparagraph (C), the
President, after receiving an affirmative determinationfrom the Commission under subparagraph (B), may extendthe effective period of any import relief provided underthis section if the President determines that—
(i) the import relief continues to be necessary to
prevent or remedy serious injury and to facilitateadjustment; and
(ii) there is evidence that the industry is making
a positive adjustment to import competition.(B) A
CTION BY COMMISSION .—
(i) Upon a petition on behalf of the industry con-
cerned, filed with the Commission not earlier thanthe date which is 9 months, and not later than thedate which is 6 months, before the date on whichany action taken under subsection (a) is to terminate,the Commission shall conduct an investigation to deter-mine whether action under this section continues tobe necessary to remedy or prevent serious injury andwhether there is evidence that the industry is makinga positive adjustment to import competition.
(ii) The Commission shall publish notice of the
commencement of any proceeding under this subpara-graph in the Federal Register and shall, within areasonable time thereafter, hold a public hearing atwhich the Commission shall afford interested partiesand consumers an opportunity to be present, to presentevidence, and to respond to the presentations of otherparties and consumers, and otherwise to be heard.
(iii) The Commission shall transmit to the Presi-
dent a report on its investigation and determination
Reports.Deadline.Notice.
Federal Register,publication.President.
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under this subparagraph not later than 60 days before
the action under subsection (a) is to terminate, unlessthe President specifies a different date.(C) P
ERIOD OF IMPORT RELIEF .—The effective period
of any import relief imposed under this section, includingany extensions thereof, may not, in the aggregate, exceed4 years.
(e) R
ATEAFTER TERMINATION OF IMPORT RELIEF .—When import
relief under this section is terminated with respect to an article,the rate of duty on that article shall be the rate that would havebeen in effect, but for the provision of such relief, on the datethe relief terminates.
(f) A
RTICLES EXEMPT FROM RELIEF .—No import relief may be
provided under this section on any article that has been subjectto import relief, after the entry into force of the Agreement, under—
(1) this subtitle;(2) subtitle B;(3) chapter 1 of title II of the Trade Act of 1974;(4) article 6 of the Agreement on Textiles and Clothing
referred to in section 101(d)(4) of the Uruguay Round Agree-ments Act (19 U.S.C. 3511(d)(4)); or
(5) article 5 of the Agreement on Agriculture referred to
in section 101(d)(2) of the Uruguay Round Agreements Act(19 U.S.C. 3511(d)(2)).
SEC. 314. TERMINATION OF RELIEF AUTHORITY.
(a) G ENERAL RULE.—No import relief may be provided under
this subtitle after the date that is 10 years after the date onwhich the Agreement enters into force.
(b) E
XCEPTION .—Import relief may be provided under this sub-
title in the case of a Singaporean article after the date on whichsuch relief would, but for this subsection, terminate under sub-section (a), if the President determines that Singapore has con-sented to such relief.
SEC. 315. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974 (19
U.S.C. 2133), any import relief provided by the President undersection 313 shall be treated as action taken under chapter 1 oftitle II of such Act.
SEC. 316. CONFIDENTIAL BUSINESS INFORMATION.
Section 202(a)(8) of the Trade Act of 1974 (19 U.S.C. 2252(a)(8))
is amended in the first sentence—
(1) by striking ‘‘and’’; and(2) by inserting before the period at the end ‘‘, and title
III of the United States-Singapore Free Trade AgreementImplementation Act’’.
Subtitle B—Textile and Apparel Safeguard
Measures
SEC. 321. COMMENCEMENT OF ACTION FOR RELIEF.
(a) I NGENERAL .—A request under this subtitle for the purpose
of adjusting to the obligations of the United States under theAgreement may be filed with the President by an interested party.President.19 USC 3805note.19 USC 3805
note.19 USC 3805
note.19 USC 3805
note.
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Upon the filing of a request, the President shall review the request
to determine, from information presented in the request, whetherto commence consideration of the request.
(b) P
UBLICATION OF REQUEST .—If the President determines that
the request under subsection (a) provides the information necessaryfor the request to be considered, the President shall cause to bepublished in the Federal Register a notice of commencement ofconsideration of the request, and notice seeking public commentsregarding the request. The notice shall include the request andthe dates by which comments and rebuttals must be received.
SEC. 322. DETERMINATION AND PROVISION OF RELIEF.
(a) D ETERMINATION .—
(1) I N GENERAL .—Pursuant to a request made by an
interested party, the President shall determine whether, asa result of the reduction or elimination of a duty under theAgreement, a Singaporean textile or apparel article is beingimported into the United States in such increased quantities,in absolute terms or relative to the domestic market for thatarticle, and under such conditions that imports of the articleconstitute a substantial cause of serious damage, or actualthreat thereof, to a domestic industry producing an articlethat is like, or directly competitive with, the imported article.
(2) S
ERIOUS DAMAGE .—In making a determination under
paragraph (1), the President—
(A) shall examine the effect of increased imports on
the domestic industry, as reflected in changes in such rel-evant economic factors as output, productivity, utilizationof capacity, inventories, market share, exports, wages,employment, domestic prices, profits, and investment, noneof which is necessarily decisive; and
(B) shall not consider changes in technology or con-
sumer preference as factors supporting a determinationof serious damage or actual threat thereof.(3) S
UBSTANTIAL CAUSE .—For purposes of this subsection,
the term ‘‘substantial cause’’ means a cause that is importantand not less than any other cause.(b) P
ROVISION OF RELIEF .—
(1) I N GENERAL .—If a determination under subsection (a)
is affirmative, the President may provide relief from importsof the article that is the subject of such determination, asdescribed in paragraph (2), to the extent that the Presidentdetermines necessary to remedy or prevent the serious damageand to facilitate adjustment by the domestic industry.
(2) N
ATURE OF RELIEF .—The relief that the President is
authorized to provide under this subsection with respect toimports of an article is—
(A) the suspension of any further reduction provided
for under Annex 2B of the Agreement in the duty imposedon the article; or
(B) an increase in the rate of duty imposed on the
article to a level that does not exceed the lesser of—
(i) the column 1 general rate of duty imposed under
the HTS on like articles at the time the import reliefis provided; orPresident.
19 USC 3805note.Federal Register,
publication.Notice.
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(ii) the column 1 general rate of duty imposed
under the HTS on like articles on the day before thedate on which the Agreement enters into force.
SEC. 323. PERIOD OF RELIEF.
(a) I NGENERAL .—Subject to subsection (b), the import relief
that the President is authorized to provide under section 322 maynot exceed 2 years.
(b) E
XTENSION .—
(1) I N GENERAL .—Subject to paragraph (2), the President
may extend the effective period of any import relief providedunder this subtitle if the President determines that—
(A) the import relief continues to be necessary to
remedy or prevent serious damage and to facilitate adjust-ment; and
(B) there is evidence that the industry is making a
positive adjustment to import competition.(2) L
IMITATION .—The effective period of any action under
this subtitle, including any extensions thereof, may not, inthe aggregate, exceed 4 years.
SEC. 324. ARTICLES EXEMPT FROM RELIEF.
The President may not provide import relief under this subtitle
with respect to any article if import relief previously has beenprovided under this subtitle with respect to that article.
SEC. 325. RATE AFTER TERMINATION OF IMPORT RELIEF.
When import relief under this subtitle is terminated with
respect to an article, the rate of duty on that article shall bethe rate that would have been in effect, but for the provisionof such relief, on the date the relief terminates.
SEC. 326. TERMINATION OF RELIEF AUTHORITY.
No import relief may be provided under this subtitle with
respect to an article after the date that is 10 years after thedate on which the provisions of the Agreement relating to tradein textile and apparel goods take effect pursuant to article 5.10of the Agreement.
SEC. 327. COMPENSATION AUTHORITY.
For purposes of section 123 of the Trade Act of 1974 (19
U.S.C. 2133), any import relief provided by the President underthis subtitle shall be treated as action taken under chapter 1of title II of such Act.
SEC. 328. BUSINESS CONFIDENTIAL INFORMATION.
The President may not release information which the President
considers to be confidential business information unless the partysubmitting the confidential business information had notice, atthe time of submission, that such information would be releasedby the President, or such party subsequently consents to the releaseof the information. To the extent business confidential informationis provided, a nonconfidential version of the information shall alsobe provided, in which the business confidential information is sum-marized or, if necessary, deleted.19 USC 3805
note.19 USC 3805
note.19 USC 3805
note.19 USC 3805
note.19 USC 3805
note.19 USC 3805
note.
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Subtitle C—Cases Under Title II of the
Trade Act of 1974
SEC. 331. FINDINGS AND ACTION ON GOODS FROM SINGAPORE.
(a) E FFECT OF IMPORTS .—If, in any investigation initiated under
chapter 1 of title II of the Trade Act of 1974, the Commissionmakes an affirmative determination (or a determination which thePresident may treat as an affirmative determination under suchchapter by reason of section 330(d) of the Tariff Act of 1930),the Commission shall also find (and report to the President atthe time such injury determination is submitted to the President)whether imports of the article from Singapore are a substantialcause of serious injury or threat thereof.
(b) P
RESIDENTIAL DETERMINATION REGARDING SINGAPOREAN
IMPORTS .—In determining the nature and extent of action to be
taken under chapter 1 of title II of the Trade Act of 1974, thePresident shall determine whether imports from Singapore area substantial cause of the serious injury or threat thereof foundby the Commission and, if such determination is in the negative,may exclude from such action imports from Singapore.
TITLE IV—TEMPORARY ENTRY OF
BUSINESS PERSONS
SEC. 401. NONIMMIGRANT TRADERS AND INVESTORS.
Upon a basis of reciprocity secured by the Agreement, an alien
who is a national of Singapore (and any spouse or child (as definedin section 101(b)(1) of the Immigration and Nationality Act (8U.S.C. 1101(b)(1))) of such alien, if accompanying or following tojoin the alien) may, if otherwise eligible for a visa and if otherwiseadmissible into the United States under the Immigration andNationality Act (8 U.S.C. 1101 et seq.), be considered to be classifi-able as a nonimmigrant under section 101(a)(15)(E) of such Act(8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specifiedin clause (i) or (ii) of such section 101(a)(15)(E). For purposesof this section, the term ‘‘national’’ has the meaning given suchterm in Annex 1A of the Agreement.
SEC. 402. NONIMMIGRANT PROFESSIONALS.
Section 214(g)(8) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(8)) is amended—
(1) by amending subparagraph (A) to read as follows:
‘‘(8)(A) The agreements referred to in section
101(a)(15)(H)(i)(b1) are—
‘‘(i) the United States-Chile Free Trade Agreement; and‘‘(ii) the United States-Singapore Free Trade Agreement.’’;
and
(2) by amending subparagraph (B)(ii) to read as follows:
‘‘(ii) The annual numerical limitations described in clause (i)
shall not exceed—
‘‘(I) 1,400 for nationals of Chile (as defined in article 14.9
of the United States-Chile Free Trade Agreement) for any fiscalyear; and19 USC 3805note.19 USC 3805
note.19 USC 3805
note.
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LEGISLATIVE HISTORY—H.R. 2739 (S. 1417):
HOUSE REPORTS: No. 108–225, Pt. 1 (Comm. on Ways and Means) and Pt. 2
(Comm. on the Judiciary).
SENATE REPORTS: No. 108–117 accompanying S. 1417 (jointly from Comm. on Fi-
nance and Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 149 (2003):
July 24, considered and passed House.July 31, considered and passed Senate.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 39 (2003):
Sept. 3, Presidential remarks.‘‘(II) 5,400 for nationals of Singapore (as defined in Annex
1A of the United States-Singapore Free Trade Agreement) forany fiscal year.’’.
Approved September 3, 2003.
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